A Substantive Dialogue Between Global Pharmaceutical Players and BRICS Economies on the Rules of Fair and Equitable Competition
The United Nations Conference on Trade and Development (UNCTAD) estimates that pharmaceutical markets are characterized by low elasticity of demand, which is often caused by the lack of alternatives to life-saving medicines and the abundance of regulatory requirements. Another key characteristic of these markets is the substantial market power enjoyed by the suppliers of original drugs as the patent owners. How do the antitrust authorities in BRICS countries and other developing jurisdictions work within the anti-competitive practices of Big Pharma, which restrict innovation and growth of the industry? What are the most common forms of abuse in the markets today? What are the key trends demonstrated by these practices and is current antitrust regulation sufficient to counter them effectively? Have the progressive measures taken in antimonopoly regulation against anti-competitive practices to moderate innovation in the industry (compulsory licensing, access to platforms, etc.) been successful? Can a competition policy help innovation? How do the legal systems of BRICS countries adapt the flexible regulatory instruments provided for by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Doha Declaration on the TRIPS Agreement and Public Health? How relevant is the global intellectual property protection regime in the innovative development of the pharmaceutical industry in BRICS countries and in expanding the access of their citizens to the latest medical products? How does the competition policy correlate with the development goals and with the objectives of stimulating innovation? What joint steps can the antitrust authorities in BRICS countries take to spread technologies and knowledge more effectively around the world and ensure the development of BRICS economies?
Moderators
Aleksey Ivanov,
Director, Institute of Law and Development HSE - Skolkovo, Director, BRICS Antimonopoly Centre, National Research University Higher School of Economics
Anna Numerova,
Partner, Egorov Puginsky Afanasiev & Partners
Panellists
Marwan Akar,
General Director, MSD Pharmaceuticals; Managing Director, MSD Russia, Belarus and Kazakhstan
Tembinkosi Bonakele,
Commissioner, Competition Commission of South Africa
Matthias Wernicke,
General Manager, Merck Biopharma Russia and CIS
Dennis Davis,
Judge, President, Competition Appeals Court of South Africa
Hans Duijf,
Vice-President, Russia and Belarus, Novo Nordisk
Natalia Kolerova,
General Manager, Oncology Department, Russia, Ukraine and CIS, Novartis AG
Payal Malik,
Economics Adviser, Head of the Economics Division, Competition Commission of the Republic of India
Dmitry Morozov,
General Director, BIOCAD
Irina Panarina,
General Manager, AstraZeneca Russia and Eurasia
Vikram Singh Punia,
President, Pharmasyntez
Andrey Tsarikovskiy,
State Secretary – Deputy Head, Federal Antimonopoly Service of the Russian Federation
Zhao Chunlei,
Director of Monopoly Agreement Office, Anti-Monopoly Bureau, State Administration for Market Regulation of People’s Republic of China (SAMR)